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Motion in a Dissolution of Marriage

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Rule 17.100-Form 122: Motion in a Dissolution of Marriage with no
Minor or Dependent Adult Children

Use this form if you want to ask the court to do something after your court case has already started.

If you do not understand how to use this form, or if you should use this form, talk to an attorney.

In the Iowa District Court for

County where your case is filed

County

Upon the Petition of

Petitioner Full name: first, middle, last

and concerning

Respondent Full name: first, middle, last

Equity case no.

Motion in a Dissolution of
Marriage with no Minor or
Dependent Adult Children

I am

Check one

1. Request

A. I ask the court to

Check all that apply. If you check any box in A, you must tell the court why you are making this request in B.

B. I am making the request(s) in this Motion because:

Continued on next page

2. Attorney Help

Check one

If you check B, you must fill in the following information:

Name of attorney or organization, if any

Attorney's P.I.N. # – Ask the attorney

Business address of attorney or organization

City

State

ZIP code

Attorney's phone number

Attorney's fax number – optional

Attorney's email address – optional

3. Certification of Service by Mailing or Delivery

Section 3 to be completed only if filing in paper or if the other party is exempt from electronic filing.

This document, if filed electronically, will automatically be served on registered parties.

I, certify that on ,

I mailed or gave a copy of this Motion to the other party or the other party's attorney at this address:

Name of person to whom I delivered or mailed it

Party's or attorney's mailing address

City

State

ZIP code

4. Oath and Signature

I, have read this Motion, and I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the information I have provided in this Motion is true and correct.

Signed on: ,

Your signature*

Mailing address

City

State

ZIP code

Phone number

Email address

Additional email address – if available

* Whether filing electronically or in paper, you must handwrite your signature on this form. If you are filing electronically, scan the form after signing it and then file electronically.

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What a Motion in a Dissolution of Marriage Is and when it’s used

A Motion in a Dissolution of Marriage is a formal court pleading filed to request action within a divorce case — for example, to ask the court for temporary orders, to modify scheduling, or to seek specific relief before the final decree. The motion identifies the parties, states the requested action and legal grounds, and attaches supporting documents such as financial affidavits or proposed orders. Filing the motion starts a court-managed process: it must be filed with the family court clerk, properly served on the other party, and scheduled for hearing according to local rules.

Why filing a clear motion matters

A properly drafted motion frames the issues for the court, creates an official record, preserves time-sensitive rights, and can produce temporary relief such as custody, support, or exclusive use of a residence while the case proceeds.

Why filing a clear motion matters

Who typically prepares and relies on this motion

Family law attorneys and self-represented parties commonly prepare motions to request interim relief or schedule hearings.

  • Family law attorneys who draft motions, assemble exhibits, and present oral argument.
  • Self-represented petitioners who prepare and file motions without counsel for limited-scope relief.
  • Court staff and judges who calendar hearings, review pleadings, and enter temporary orders.

Who signs and files this motion

Petitioner

The Petitioner (spouse who filed the dissolution petition) files motions to request temporary relief or enforce orders. The petitioner must sign the motion, attach supporting exhibits, and arrange proper service on the respondent as required by local rule.

Respondent

The Respondent may file opposing or cross-motions, sign verification or affidavits, and respond at hearings. If the respondent agrees, they may sign stipulated orders; if not, they must timely respond to avoid default consequences.

Essential parts of a professional motion

A motion should be concise, reference the case caption, state facts and legal basis, request specific relief, and include a proposed order and certificate of service to facilitate court processing.

Case caption

Names of parties, court name, case number and division must match the underlying dissolution case to ensure the motion is filed in the correct matter and accepted by the clerk.

Jurisdictional facts

A short statement confirming the court’s jurisdiction and residency or venue facts avoids procedural challenges that could delay or dismiss the motion.

Statement of grounds

A factual summary and legal basis for the request (for example, emergency relief for safety or hardship) gives the judge the context needed to grant interim measures.

Relief requested

A numbered list of specific orders sought (temporary custody, exclusive use, support, document production) provides a clear template for the judge’s ruling or a stipulated order.

Proposed order

Attach a clean, fillable proposed order the judge can sign, formatted to the court’s local rules to reduce return cycles and clerical corrections.

Certificate of service

A completed certificate listing how and when the opposing party was served (personal, mail, e-service) documents compliance with service rules and prevents procedural objections.

Step-by-step: filing a motion

Follow these sequential steps to prepare, file, serve, and present a motion to the court.

  • 01
    Draft motion: Assemble facts, legal basis, exhibits, and a proposed order in court-acceptable format.
  • 02
    File with clerk: Submit the motion to the family court clerk by e-file or in person per local procedure.
  • 03
    Serve opposing party: Complete service per rule (personal, mail, electronic) and file the certificate of service.
  • 04
    Attend hearing: Be prepared to present oral argument and submit exhibits; bring certified copies if required.

From filing to order: the typical process

A motion becomes effective once filed and served; the court then schedules a hearing or rules on papers depending on local practice.

  • Clerk intake: Clerk reviews for fees, formatting, and assigns a case event and hearing date as appropriate.
  • Opposition period: The other party has a window to file an opposition or request continuance before the hearing.
  • Hearing or submission: Judge hears oral arguments or reviews briefing and exhibits submitted with the motion.
  • Order issued: Judge signs a temporary order, denies the motion, or sets further proceedings based on the record.

Digital filing and eSubmission considerations

Electronic filing and document exchange are allowed in most jurisdictions, subject to local e-file and signature rules.

  • Integrations: Salesforce, NetSuite, Microsoft 365 integrations available for document management.
  • File formats: PDF and DOCX are commonly accepted; verify required PDF/A or PDF flattening rules.
  • Authentication: Courts may require e-filing account, two-factor authentication, or attorney e-filers.

Typical deadlines and timing expectations

Timing varies by state and local rule; these common deadlines help set expectations but verify the applicable court’s local rules.

Response deadline:

Typically 20–30 days after service; check local civil or family rules for exact timelines.

Temporary order hearing:

Courts commonly schedule emergency or temporary hearings within days to a few weeks.

Motion briefing schedule:

Opposition and reply deadlines are often 7–14 days apart; confirm with court scheduling order.

Final hearing notice:

Final trial or hearing scheduling may require advance notice of several weeks to months.

Record keeping deadline:

File stamped copies of orders should be obtained immediately after entry for enforcement purposes.

Common mistakes to avoid when preparing the motion

  • Using incorrect case caption or case number, causing clerk rejection or misfiling.
  • Failing to attach key exhibits such as financial affidavits or parenting plans requested by the court.
  • Serving the wrong party or using an improper service method, which can delay hearings or require re-service.
  • Asking for overly broad or vague relief without concrete terms, leading to confusing or unenforceable orders.

Consequences of errors or omissions

Delay: Hearing postponement
Dismissal: Motion may be denied or struck
Default: Failure to respond can lead to default rulings
Sanctions: Court may impose monetary penalties
Contempt: Violating temporary orders risks contempt
Enforcement gap: Ambiguous relief complicates enforcement

Practical tips for accurate, efficient motions

Adopt consistent checks to reduce rejections and speed resolution when filing motions in family court.

Confirm jurisdiction and residency requirements
Verify the court has jurisdiction before filing. Confirm residency and venue facts to prevent procedural dismissal or transfer delays.
Use clear, specific relief language
Number requests and include enforceable terms (dates, amounts, durations). Avoid vague phrases that make enforcement or appeal difficult.
Assemble exhibits and proof of service
Attach necessary affidavits, financial statements, and a certificate of service. Missing exhibits commonly prompt continuances or denials.
Follow local formatting rules
Use court templates where available, adhere to page limits, and include proposed orders to reduce clerical corrections.

Representative scenarios where a motion is used

These short examples show how motions are applied to secure interim relief or address emergent issues during a dissolution case.

Emergency custody motion

A parent files an emergency motion alleging immediate safety concerns and seeks temporary custody pending investigation.

  • Court grants an expedited hearing within days.
  • The temporary order provides supervised visitation and a follow-up hearing for full evidentiary presentation and additional orders if warranted.

Motion for temporary support

A spouse files a motion requesting interim spousal and child support based on demonstrated financial need.

  • The court reviews pay stubs and a financial affidavit.
  • The judge issues a temporary support order effective until a final support determination or settlement at trial.

eSignature vendor pricing comparison for motion filing and signing

Neutral comparison of common eSignature providers and baseline pricing to help estimate e-sign costs when preparing and serving motion-related documents.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Yes Yes Yes Limited
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Essential data elements to include in the motion

Petitioner Name: Exact legal name
Respondent Name: Exact legal name
Case Number: Court-assigned docket number
Relief Sought: Specific orders requested
Effective Date: MM/DD/YYYY format
Signature Date: Date signer executed document

Frequently asked questions about motions in dissolution cases

Answers to common practical and legal questions about preparing, signing, and filing motions in divorce proceedings.


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